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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Our previous landlord wanted to treat damp/inject walls while

Resolved Question:

Our previous landlord wanted to treat damp/inject walls while I was living at property with my family. When I explained I was unhappy he asked if I wanted to take that date 24/3/15 as first day of his notice. I confirmed we would be leaving on the 24/5.Due to the poor conditions took up new tenancy on the 30/4 and moved out on the 4/5.Rent was paid until the 24/5/15.
Landlord has been texting me since the 26/4 and is now saying I have to pay rent until the 4/6 even though I do not have keys and have to arrange to clean kitchen and cut grass. He says if I do not he will deduct from deposit
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello I am a solicitor with 20 years experience. I will try to answer this for you. In order to answer your question I need a little more information.
When did you tenancy start?
How long was it for?
If the notional end date of the tenancy has passed has a new agreement been signed or are you on a rolling tenancy?
Did you complain about the damp?
Was there a delay in it being fixed?
How much is your deposit and is it in a deposit scheme?
If it is in a scheme which one?
If you answer these I will be able to answer your question usefully.
I will be on and off this site today but will check later.
Customer: replied 2 years ago.

Hello,

The tenancy started on the 7th March 14.We paid 6 months rent upfront and a deposit of £975.00(The Deposit Protection Scheme)

We then received a letter from the landlady(her son manages the property on her behalf dated the 6th July)that we had gone on to a periodic tenancy.This letter states that 'we give 1 months notice(from 1 day prior to rent due date) or she gives 2 months notice.

We first complained about the damp in May 14 but nothing was done.In the new year (Icant remember exactly when) the landlords son took photos and I was told that they were trying to contact the company who had done damp work.Nothing was done until I heard from the son in March and he said they were going to inject the walls and we needed to move all of our stuff into the middle of the room.When I raised my concerns about this he then asked if I wanted to take that date(24th of March) as first day of notice and I confirmed we would be moving out on the 24th of May.Even though we found a property I honoured the 2 month contract and paid rent up to the 24th May,

Regards,

Rosie Cork

Expert:  LondonlawyerJ replied 2 years ago.
OK thankyou for that.
1 You have given sufficient notice and owe your landlord nothing at all.
2 He probably owes you money for allowing your home to fall into disrepair. If the damp is structural or due to penetration from outside he is in breach of his repairing obligations to you whatever the tenancy states about repair. You have had to put up with disrepair for a whole year and are probably entitled to compensation. Did you take any pictures of the damp? Compensation for disrepair is not usually high unless the disrepair is very bad and lasts a long time.
3 The deposit is entirely separate to any issue re rent owed. It is to do with disrepair only.
Do you know if it is held by DPS on a custodial basis or on an insurance basis. In either case you should contact them to enquire how to get your deposit back.
A god idea might be to write to your landlord stating:
1: The history of the tenancy.
2: the agreement re notice,
3: the notice given
4: that you gave sufficient notice
5: that you want your deposit back,
6: that if he seeks to pursue you for rent alleged you will counterclaim for compensation arising out of the disrepair,
7 that deposits are entirely separate to issues re alleged rent arrears.
I hope this is helpful but please let me know if I can help further.
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